Juvenile Matters

If your child has been arrested, the first thing you need to do is find out why he or she was taken into custody and how to get your child released.

If your child has been charged with a very minor misdemeanor, and this is his or her first offense, it may not be necessary to retain an attorney. However, if your child has been charged with a felony, a misdemeanor which could involve probation, or a second charge for any misdemeanor, I recommend that you consult with a juvenile defense attorney.

Juvenile law previously recognized that children younger than eighteen years make mistakes and, therefore, should not be punished like an adult. However, the law has changed and now young people are being charged and sentenced as adults if they are accused of committing certain crimes. Even if not treated as an adult, a juvenile in Kansas may be subject to the juvenile sentencing matrix.

The prosecutor, upon motion, may file criminal charges in adult court against a juvenile. If convicted, the court must sentence the juvenile in the same manner as adults.

Options are available to negotiate a juvenile court sentence or to challenge the evidence at trial, just as in adult cases. If you need legal help, please contact my office for consultation.

My juvenile law practice also includes:

• Representing parents in Child in Need of Care (CINC) cases – family situations where allegations of abuse or neglect have been made, and the juvenile court intervenes to protect the family’s children.
   

• Serving as a guardian ad litem in divorce cases – representing child or children to assure that decisions are made in the best interest of the children. This requires attending special continuing legal education seminars to remain qualified to represent children.

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Representation in Kansas Juvenile Court
Terms You Should Know

Guardian ad litem: A lawyer who represents your child in court for free.

Diversion: In juvenile cases, if the young person is sentenced to a diversion program and he or she successfully completes it, there will be no permanent court record. Different diversion programs have different requirements, which may include work, study, treatment, or counseling.

Probation: In a juvenile law case, if the young person is assigned to probation he or she will be required to complete specific activities and to check in with a probation officer at a specified time. Probation does appear on a juvenile’s criminal record.

SRS Custody: If a child is removed from your home, he or she is placed in the custody of the Kansas Department of Social and Rehabilitation Services (SRS).

Case Plan: If your children have been removed from your care, you and your attorney will work with a social worker to develop a case plan, a formal plan will be approved by the court to get your children returned to your home.

Reintegration Plan: If you have followed your case plan, a formal plan will be approved by the court to get your children returned to your home.